Case law
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Division and case type: CivilCivil Appeal
…That letter was really an ultimatum to the appellant to accept office without objection, failing which the dire consequences set out in section 10(1) would be meted out.…
Division and case type: Milimani Commercial CourtsCivil Case
…The defence had no objection and the court made orders for the withdrawal to that suit with costs to the defendant and with a further order that the defendant do proceed to process the counter claim for hearing and final…
Division and case type: CivilCivil Appeal
…In ground 2 objection is taken because the learned judge should have held, as it is said, that the act of theft on the part of Securicor’s servant was not within the scope of his employment.…
Division and case type: Constitutional and Human RightsElection Petition
…However counsel for the petitioner senior counsel Lee Muthoga who argued the petitioner’s objection to this motion urged this court very strongly not to feel bound by the judgment of the Judges of Appeal on the Kibaki Moi…
…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…
Division and case type: CivilMiscellaneous Application
…1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions of order VI rule 12 (cap 21) which are that: “No technical objection…
Division and case type: CriminalCriminal Appeal
…of that which he has sworn (unless the reason of his having done so is satisfactorily accounted for), his evidence should not have much weight with a jury, and if he has formerly sworn the contrary, the fact (although no objection…
…Musyoka-Annan’s argument, that at no time did he, as counsel for the 1st and 3rd appellants during the trial, register any objection to this course.…
Division and case type: CivilCivil Case
…Be that as it may the entire record ofproceedings, evidence and Ruling in Principal Magistrate's CriminalCase No. 1578/89 in which the defendant was the accused wastendered in evidence, without objection by counsel for thedefendant…
Division and case type: FamilySuccession Cause
…It is my view that the executor would only have been required to propound the will and to begin had the proceeding been an objection to the making of a Grant under Rule 17 of Probate and Rules.…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
Division and case type: CivilCivil Appeal
…If objection had been taken against their representation, it would almost certainly have been sustained. So in this case, I am satisfied that we took the right decision when we allowed the appellant to proceed ex parte.…
Division and case type: CivilCivil Appeal
…This was taken as a preliminary objection by the appellant’s advocate, Mr Aboo, on September 22, 1983 before the High Court in Mombasa (Mr Justice Bhandari) to which Mr Kassim duly replied.…
Division and case type: CivilCivil Appeal
…To him therefore, these two meetings were deliberate attempts by those involved in them to pass resolutions affecting Stones Limited in his absence and without notice to him with the sole purpose of overcoming his objections…
…In a letter dated 5th November, 1990 addressed to Messrs Kaplan & Stratton, Advocates, the respondent therefore took strong objection to the holding of the two meetings and the passing of the resolutions thereat.…
Division and case type: CivilCivil Appeal
…Before Mr Muraguri for the respondent addressed us, Mr Bhasker Sheth raised an objection whether Mr Muraguri was properly before the court since he had not complied with rule 78(1)(a) of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…But the objection taken to the quantum of the award appears to be taken as a matter f principle only.…
Division and case type: CivilCivil Appeal
…Counsel raised a preliminary objection on grounds, inter alia,that: (a). this Court does not have jurisdiction to entertain the Notice of Motion as the appeal does not lie as a matter of right, in the terms of Article 163…
Division and case type: CivilCivil Appeal
…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…
…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…
Division and case type: CivilCivil Suit
…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…
Division and case type: CivilCivil Appeal
…Justice Simpson in his ruling dismissed this preliminary objection and reserved its costs. The issue was simple and clear cut. Was Mary married t the deceased in accordance with Kikuyu custom?…
Division and case type: CivilCivil Appeal
…It is important to note that the principal petitioners Jasbir and Iqbal did not raise procedural objections to the manner in which Rai Ply was run.…
…declaration that the allegations in the Petition, if established, would not found a claim for relief under section 210 had been served on Mr Hickey, but counsel for the petitioner (Mr Asprey) has not raised any procedural objection…
Division and case type: CivilCivil Appeal
…THAT the Respondent did not have any objection to the release of the sugar as the same was not under detention or seizure as alleged by the Ex-parte Applicants and I filed a Replying Affidavit to that effect.…